Crace to mayor: Reason for firing is illegal

Athens-Clarke Mayor Doc Eldridge's decision not to recommend Al Crace for reappointment as Athens-Clarke manager may have been taken for illegal reasons, according to a lawyer for Crace.

In a June 30 letter to Eldridge, the lawyer did not specifically threaten legal action, but did say said that Crace will not step down willingly when his current term expires at the end of the calendar year.

Under the charter of the Athens-Clarke County government, the mayor recommends a nominee for the manager position every two years, and the commission must approve or disapprove the nominee.

''Al has a family and obligations which he must meet. Therefore, he is unable and unwilling at this time to accept your decision that his term will end at the conclusion of this calendar year because he was unwilling to appoint an individual based solely on the race of that individual in order to fulfill a political commitment made by any elected official,'' wrote lawyer Sam S. Harben of the Gainesville law firm of Harben & Hartley in the June 30 letter.

The lawyer's letter stems from a May 22 memo from Eldridge to Crace, when Eldridge complained about Crace's decision to hire Julie Bruner to head the government's troubled Housing and Economic Development (HED) office and told Crace that Eldridge would not recommend Crace for reappointment.

''My position has been and continues to be that the HED directorship should be filled by an African-American and that we should exhaust all efforts in accomplishing that,'' Eldridge wrote in the May 22 memo. ''Now a decision has been made that 'flies in the face' of a position that I have taken before running for Mayor, while running for Mayor, and since running for Mayor.''

Eldridge also complained that an African-American candidate for the job that he had suggested was rejected without even a telephone interview.

But Eldridge's insistence on an African-American to fulfill a campaign promise amounts to a violation of law, according to Crace's lawyer.

''I am writing with the sincere hope that you have reflected upon your memorandum and now realize that your decision not to recommend Al for reappointment as manager because he did not make a race-based employment decision was one contrary to the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Title VII of the Civil Rights Act of 1964,'' Harben wrote.

Eldridge's decision has also come under harsh criticism from at least one Athens-Clarke commissioner, who also charged in a June 26 memo that Eldridge was misleading when he said on an Athens radio show that he had consulted with each commissioner about his decision not to renew Crace's contract, and about the reasons for his decision not to recommend Crace's rehiring.

''On the air, you stated that you gave each of the Commissioners a 'heads up' about your decision before you sent your memo. Maybe you did so with the others, but not with me," Commissioner John Barrow wrote in his June 26 memo to Eldridge.

Eldridge did say he was unhappy with Crace, but didn't say he was going to fire him, and did not say why he would fire him, Barrow wrote.

''More importantly, you gave me no indication that the main reason you intended to fire Al for this decision was because you had promised that the position would be filled by an African American," Barrow wrote.

Barrow also criticized Eldridge for stating publicly that he has communication and ''management style" problems with Crace, but not coming out and saying what those problems are.

''I think it is particularly unfortunate that you continue to state publicly that there are 'management style' and 'communication issues' that are the 'real' reason for your decision, without any explanation as to what these are, and without any explanation as to what steps have been taken to involve the Commission in evaluating these issues and counseling the Manager with respect thereto," Barrow wrote. ''This is the aspect of this situation that disturbs me the most: Your whole approach to this most important matter has been secretive, personal, and unfair, unfair to Al and unfair to the Commission whose support you expect."

Some other commissioners contacted Monday confirmed that Eldridge indeed had told them of his decision before Crace was notified.

''Given the fact that you have told me you have a letter from a lawyer in your hand, I decline comment," said Cardee Kilpatrick of District 10, who would not say whether she got a ''heads up'' from Eldridge.

Commissioners Hugh Logan and Marilyn Farmer confirmed that Eldridge had told them about it shortly before the memo went out.

And according to Farmer, ''The only reason Doc did not talk to John was because the last time John told him ahead of time John went straight to Al Crace and told him about it."

Eldridge told Farmer that his decision not to renew Crace's contract was because of ''communication and management style,'' she said.

Farmer praised Bruner, but criticized the way Crace had gone about making his decision known.

''Julie Bruner is great. I just wish Al had enough courage to tell us when he does things," she said.

Commissioner Tom Chasteen also confirmed that Eldridge had informed him of his decision before the memo went to Crace. Chasteen declined comment on the letter from Crace's lawyer, however.

''It's in a legal situation, so I don't think it would be appropriate to comment on that," he said.

Eldridge also declined comment on both the Barrow memo and the letter from Crace's lawyer.

''It's a bit of an awkward situation in that there is an attorney involved on Al's behalf," Eldridge said. ''I don't know that it would be appropriate for me to talk publicly. I don't want to say something that might cause the attorneys some anxiety."

Higher education reporter Lee Shearer can be reached at lshearer@onlineathens.com or (706) 208-2236.